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PEOPLE v. STEWART

No. 47.

16 N.Y.3d 839 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE STEWART, Appellant.

Court of Appeals of New York.

Decided April 5, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Alan S. Axelrod and Steven Banks of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Axelrod and Vincent Rivellese of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

In 2003, when defendant pleaded guilty to attempted robbery in the first degree, the court advised him that he would receive a 3½-year prison term with "maximum post-release supervision time." At sentencing, the court pronounced the determinate sentence along with a five-year term of postrelease supervision. Defendant did not object to the imposition of...

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